Simplified Version of the

Declaration of Rights:

Constitution of Zimbabwe

Amendment (No. 20) Act 2013

2

1. What is the declaration of rights?

The Constitution is the supreme law of the country that sets out how the country

must be governed. The Declaration of Rights is set out in Chapter 4 of the

Constitution. It sets out the rights and freedoms which the people of Zimbabwe

are entitled to.

Human rights are entitlements that we have simply because we are human

beings. The rights listed in the Declaration of Rights are constitutional rights and

are legally protected. Laws that take away any of these rights shall not be made

unless the Declaration of Rights allows for such. Any existing laws that take

away any of the rights may be declared invalid. If these constitutional rights are

violated, one can sue for damages or take the matter to the Constitutional Court to

get justice.

The Declaration of Rights in our new Constitution has both civil and political rights

as well as economic, social and cultural rights. It also provides for environmental

rights. Civil and political rights are rights that a person has as a citizen.

Such rights protect a person from uncalled-for abuse by government, other

people or organisations. They also ensure one’s ability to participate in civil and

political life in their country without discrimination or repression. Examples of

rights in this group are the right to life, to liberty, not to be tortured, freedom of

expression, assembly and association and the right to engage in political

activity. Rights in this group are called first generation rights because they were

the first human rights to be recognized.

Economic, social and cultural rights relate to basic necessities of life such

as right to work, shelter, food, health, education and own language. These

rights are called second generation rights because they were

recognised after the need for civil and political rights had been clearly

established. Solidarity and group rights are also referred to as third

generation rights include right to development, peace and a clean

environment.

Rights, duties and responsibilities go together. Each person has the

responsibility of respecting the rights of others and the duty to obey the

Constitution and other laws in Zimbabwe. As such, some rights in the Declaration

of Rights are limited in ways that make sure that the public interest is served and

that they do not violate the rights of other people.

2. Do other countries have a declaration of rights?

Many countries have declarations of rights in their constitutions. This is the

case in most countries that have modern constitutions, for example, South

Africa and Namibia.

3

3. What rights are included in the declaration of rights?

The rights protected in the Constitution are broad to include; civil and

political rights; economic, social and cultural rights; a group right; and rights

for specific groups. There is clear commitment to human rights, democracy

and good governance as referred to in Chapter 1 on founding provisions,

Chapter 2 on national objectives, Chapter 3 on citizenship rights and the

actual Declaration of Rights, which is Chapter 4. The Declaration of Rights is

binding on the State and all legislative, executive and judicial institutions

and agencies of government at all levels. It also places duties on natural

persons (human beings) and juristic persons (e.g. companies) depending on

the nature of the right involved. Both natural and juristic persons are

entitled to the rights in the Declaration of Rights.

In applying and interpreting the Declaration of Rights, the courts must take

into account the following:

• international law and all treaties and conventions to which Zimbabwe is a

party;

• all the provisions of the Constitution, in particular the national objectives

and principles set out in Chapter 2; and

• values that underlie a democratic society based on openness, justice,

human dignity, equality and freedom.

In addition, the courts may consider relevant foreign law, that is, the law of

other countries.

3.1 Fundamental human rights and freedoms

The following are the rights which are stated in our Declaration of Rights:

Right to life

Every person has the right to life.

However, the Constitution allows for the death penalty to be imposed if a

person is convicted of murder in aggravating circumstances. The courts may

not sentence the following persons to death:

• anyone who was less than 21 years when the offence was committed;

• anyone who is more than 70 years old; or

• a woman.

Unborn babies also have the right to life. A law is to be passed to outline the

situations when abortion will be allowed.

Right to personal liberty

4

Every person has the right to personal liberty, which includes the right not to

be detained without trial or without just cause. Furthermore, no person may

be imprisoned for not doing what they undertook to do in terms of a contract.

This means that no one can be imprisoned for failing to pay a debt.

Rights of arrested and detained persons

The rights in this section include the right:

• to be informed of the reason for arrest or detention;

• to legal representation;

• not to be forced to make an admission or confession;

• to be informed of the rights of an arrested or detained person; • to remain silent;

• to contact their next of kin;

• not to be unduly deprived of their liberty; • to challenge the lawfulness of the arrest or detention; and

• to be treated humanely and with respect.

In addition, any person who is arrested or detained must be taken to court as

soon as possible. This may not be later than 48 hours after they were arrested or

detained, whether or not the period ends on a Saturday, Sunday or public

holiday. A person who is not brought to court within that period should be

released.

Right to human dignity

Every person has inherent dignity in their private and public life and the right to

have that dignity respected and protected.

This right is heavily emphasized in the Constitution. Not only does it appear as a

right on its own in section 51, it is also a part of the founding values and principles

in section 3. As already noted, human dignity is one of the values that the court

must take into account when interpreting the Constitution.

Right to personal security

Every person has the right to control and make decisions about their bodies and

minds. This includes:

the right to be free from violence;

the right to make choices concerning reproduction; and

the right not to be subjected to scientific or medical experimentation, or to the

removal or use of bodily tissue without informed consent.

Freedom from torture or cruel, inhuman or degrading treatment or

punishment

No person may be tortured physically or psychologically. No person may be

treated or punished in a way that is cruel, inhuman or degrading.

5

Freedom from slavery or servitude

No person may be treated as a slave or denied the freedom to make choices about

their actions or way of life.

Freedom from forced or compulsory labour

No person may be made to perform work that they have not freely chosen to

perform.

Equality and non-discrimination

Every person is equal before the law and has the right to equal protection and

benefit of the law. Both women and men have the right to equal opportunities in

all spheres, whether political, economic, cultural or social. Every person has the

right not to be unfairly discriminated against on grounds such as their nationality, race,

colour, tribe, place of birth, ethnic or social origin, language, class, religious belief,

political affiliation, opinion, custom, culture, sex, gender and marital, economic or

social status, disability, age, pregnancy or whether born in or out of wedlock.

The State must take reasonable legislative and other measures to promote the

achievement of equality. It must also take measures to protect or advance

people or classes of people who have been disadvantaged by unfair

discrimination. Such measures shall not be regarded as unfair.

Right to privacy

This right includes the right:

not to have one’s home, premises or property entered without permission;

not to have one’s person, home, premises or property searched without their

permission;

not to have one’s possessions seized;

not to have the privacy of one’s communications infringed; and

not to have one’s health condition disclosed.

Freedom of assembly and association

Every person has the right to assemble and to associate with others. This

includes the right not to assemble or associate. A person cannot be forced to belong

to an association or attend a meeting or gathering.

Freedom to demonstrate and petition

Every person is entitled to demonstrate and to express their grievances through

petitions, as long as it is done peacefully.

6

Freedom of conscience

Every person has the right to freedom of conscience, which includes freedom of

thought, opinion, religion or belief and the freedom to practice and give expression

to the same, whether in public or private. No person can be forced to take an

oath that goes against their belief or religion. Parents and guardians of minor

children have the right to determine the moral and religious upbringing of their

children in accordance with their beliefs. This should not conflict with children’s

rights to education, health, safety and welfare. Religious groups may establish

institutions where matters of religion are taught.

Freedom of expression and freedom of media

Every person has the right to freedom of expression which includes:

• freedom to seek, receive and communicate ideas and other information;

• freedom of artistic expression, scientific research, creativity and academic

freedom;

In addition:

• Freedom of press and other media of communication is also guaranteed and

journalists do not have to reveal the sources of their information.

• Broadcasting a n d other electronic media of communication can be freely

established as long as they comply with necessary licensing procedures.

• State- owned media of communication must be neutral or nonpartisan. They must also be free to determine their own content and give fair opportunity

for representing opinions and views, which may conflict with government’s views.

• Freedom of expression and freedom of the press do not allow people to

encourage violence, hatred or malicious injury to a person’s reputation. It also

does not allow people to invade the privacy of others without good reason.

Access to information

Every citizen or permanent resident of Zimbabwe has the right to access

information held by the State where the information is required to hold the

State accountable for its actions. This right also applies to artificial persons

(such as companies) and to the Zimbabwean media. In addition, everyone has

the right to access information held by any person, including the State, where

it is needed to enable the exercise or protection a right.

All people are entitled to ask the State, government agencies and related bodies

to correct or delete information about them that is incorrect, untrue or

misleading.

Legislation must be put in place to give effect to such rights. This legislation may

restrict access to certain information in the interests of defense, public

7

security, and professional confidentiality. Such restriction should be fair

and justifiable in a democratic society.

Language and culture

Every person has the right to use a language of their choice and exercise their

culture, but such exercise should not conflict with the enjoyment of others’

rights as outlined in the Constitution. The Constitution recognizes the following

16 languages: Chewa, Chibarwe, English, Kalanga, Koisan, Nambya, Ndau,

Ndebele, Shangani, Shona, sign language, Sotho, Tonga, Tswana, Venda and

Xhosa.

Freedom of profession, trade or occupation

Every person has the right to choose and carry on any profession, trade or

occupation. The practice of a profession, trade or occupation may be regulated

by law.

Labour rights

Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

• Every employee is entitled to fair working conditions.

• Every person, save for members of the security services, has the right to form

and join a trade union or employee’s association of choice.

• Every person, except members of the security services, has the right to participate in collective job action. This includes the right to strike, sit in and

withdraw their labour. However, a law may restrict the exercise of this right in

order to maintain essential services.

• Women and men have a right to equal pay for similar work.

• Women are entitled to maternity leave on full pay for a period of at least 3

months.

Freedom of movement and residence

Every Zimbabwean citizen has the right to enter Zimbabwe, not to be expelled

from Zimbabwe and the right to a passport or other travel document.

Every Zimbabwean citizen and anyone else who is legally in Zimbabwe has the

right to move freely within the country, reside in any part of the country and

leave the country.

Political rights

Every citizen of Zimbabwe has the right to:

8

• free, fair and regular elections; and

• make political choices freely; and

• to vote in secret and stand for public office when they reach 18 years.

Subject to the Constitution, Zimbabwean citizens have the right to:

• form, join, and participate in the activities of a political party or organisation of

their choice;

• campaign freely and peacefully for a political party or cause; and

• participate in peaceful political activities or gatherings or groups.

Every Zimbabwean citizen who is 18 years and over has the right to vote and

stand for election for public office. To promote multi-party democracy, an Act of

Parliament must provide for the funding of political parties.

Right to administrative justice

Every person has a right to administrative conduct that is lawful, efficient and

fair. Every person has a right to be informed promptly and in writing the

reasons for conduct that adversely affects a right, freedom, interest or legitimate

expectation.

Right to a fair hearing

Every person accused of an offence has the right to a fair and public hearing and

trial within a reasonable time before an independent and impartial court.

Every person has the right to access the courts and to choose to be represented

by a legal practitioner before any court, tribunal or forum.

Rights of accused persons

Any person accused of an offence has rights that include the following:

• to be presumed innocent until proven guilty;

• to be promptly informed of the charge;

• to be given adequate time and facilities to prepare a defence; • to legal representation of their choice, and at their expense;

• to have the State assign them a legal representative at its own expense, if

necessary to avoid serious injustice; • to have the proceedings of the matter interpreted in a language they

understand;

• to be present when tried;

• to present evidence and to challenge any produced evidence;

• to appeal their conviction or sentence to a higher court;

• to have their case reviewed by a higher court;

• to have evidence obtained in a manner that violates the Declaration of Rights

9

excluded under certain circumstances; • not to be convicted of an offence or omission that was not an offence when it

took place, or is no longer an offence;

• not to be tried on a matter which they have been previously pardoned, acquitted or convicted; and

• to be given a copy of the record of trial proceedings within a reasonable time

after paying a reasonable fee.

Property rights

Every person has the right to acquire, hold, occupy, use, transfer, pledge as

collateral, lease or dispose of all forms of property either individually or in

association with others.

Every person has a right not to be forcibly deprived of their property, unless this

happens in terms of a law of general application and in the public interest. Where

property is so acquired, the owner must be given reasonable notice and paid fair

and adequate compensation. The body that acquires the property must apply to

the courts for an order confirming the acquisition within 30 days of acquiring it.

The person whose property is being acquired has the right to challenge the

acquisition or the amount of compensation awarded before a competent court.

However, this right is limited in the case of agricultural land, which is discussed

below.

Right to agricultural land

The State may compulsorily acquire agricultural land for purposes of

agricultural settlement, land reorganisation, forestry, environmental

conservation or the utilisation of wild life or other natural resources or the

relocation of affected people. Once acquired, the land becomes the property of

the State with full title.

No compensation is payable for agricultural land compulsorily acquired under

the Constitution. However, compensation is payable for any improvements

made upon the land before its acquisition.

Compensation for agricultural land compulsorily acquired for settlement is the

responsibility of the former colonial power.

Environmental rights

Every person has the right to:

• an environment that is not harmful to their health or well-being; and

• to have the environment protected for the benefit of present and future

generations.

10

The State must take reasonable legislative and other measures to:

• prevent pollution and ecological degradation;

• promote conservation; and secure ecologically sustainable development

and use of natural resources while promoting economic and social

development.

The State is required to take measures to progressively realize these rights.

Freedom from arbitrary eviction

No person may be evicted from their home or have their home demolished,

without an order of court made after considering all the relevant circumstances.

Right to education

Every citizen and permanent resident of Zimbabwe has a right to:

• A basic State funded education including adult basic education.

• Further education provided by the State through reasonable legislative and other measures. The State must progressively make further education

available and accessible.

Every person has the right to establish and run independent educational

institutions, but they must not discriminate on any of the grounds laid out in the

Constitution.

The State must within its available resources take steps to ensure that this right

is progressively realized.

Right to health care

Every citizen and permanent resident of Zimbabwe has the right to basic health care, including the right to reproductive health care.

Every person living with a long-term illness has the right to access basic health

care services for the illness. No person may be refused emergency medical

treatment in any health care institution.

The State must take reasonable measures, within its available resources, to

progressively realize this right.

Right to food and water

Every person has the right to safe, clean water and sufficient food. The State

should therefore take reasonable legislative and other measures within the

limits of its available resources, to progressively realize this right.

Marriage rights

11

Every person over the age of 18 has the right to marry and start a family. No

person may be forced to marry or be married against their will. Persons of the

same sex may not marry each other.

Elaboration of Certain Rights

This particular section in the Constitution gives more details about certain

rights and freedoms to make it easier to understand how they apply.

Rights of women

• Women have full and equal dignity of the person with men. They have the same rights as men and such rights include equal opportunities in political, economic and social activities.

• Women also have the same rights as men regarding custody and guardianship of children. An Act of Parliament may regulate how these

rights are to be exercised.

• All laws, customs, tradition and cultural practices that violate women’s constitutional rights are invalid with regard to the violation.

Rights of children

Every child (anyone under 18 years) has the following rights:

• to equal treatment before the law;

• to be given a name and family name;

• to a birth certificate without delay;

• to parental care or appropriate alternative care;

• to be protected from economic and sexual exploitation, child labour,

maltreatment, neglect and other forms of abuse;

• to education, health care services, nutrition and shelter;

• not to be recruited into a militia force or take part in armed conflicts;

• not to be forced to take part in any political activity;

• not to be detained except as a measure of last resort; and

• if so detained, it should be for a short period, separately from adult

persons, with appropriate treatment and conditions.

In every matter concerning the child, a child’s best interests are paramount.

Children are entitled to adequate protection by the courts in particular by the

12

High Court as upper guardian.

Rights of the elderly

Every person over the age of 70 years has the right to receive:

• reasonable care and assistance from the State and their families;

• health care and medical assistance from the State; and

• financial support by way of social security and welfare from the State.

The State must take reasonable measures, within its available resources, to

progressively realize this right.

Rights of persons with disabilities

The State must take appropriate measures within its available resources to

ensure that persons with disabilities realise their full potential, including

measures:

• to enable them to become self-reliant;

to enable them to live with their families and participate in social,

creative or recreational activities;

to protect them from all forms of exploitation and abuse;

to give them access to medical, psychological and functional treatment;

to provide special facilities for their education; and;

to State- funded education and training where they need it.

Rights of liberation war veterans

War veterans are those who fought in, who assisted the fighters; or who were

detained or restricted for political reasons during Zimbabwe’s war of liberation.

They must be recognized for their contribution to the liberation of Zimbabwe

and to suitable welfare such as pensions and access to basic health care. An

Act of Parliament must provide for these entitlements.

4. Are these fundamental rights limited? The new Constitution has a general limitation clause and it has very few ‘claw

back’ clauses compared to the old Constitution. Claw back clauses are provisions

that withdraw a right by stating when the right can be limited. The section sets

out several factors which must be considered, including whether the limitation

is necessary in the interests of the public, the nature of right or freedom

concerned, and nature and extent of limitation.

13

Certain rights cannot be limited and these include the right to life (except in the

cases of the death sentence), the right to human dignity, the right not to be

tortured or subjected to cruel, inhuman or degrading punishment or treatment,

the right not to be placed in slavery or servitude and the right to a fair trial.

In addition to the general limitation clause, the Constitution allows for a law to

provide for the limitation of rights in response to a public emergency.

5. Can the declaration of rights be changed?

Yes. The Declaration of Rights is a part of the Constitution, and the Constitution

can be changed. However, it is harder to change the Declaration of Rights as

opposed to the provisions in the Constitution. Any changes to the Declaration of

Rights will need to be submitted to a national referendum.

6. How are these constitutional rights enforced and promoted?

The Constitution provides for a number of ways to ensure that the rights in

Chapter 4 are enforced and promoted

• The new Constitution creates the Constitutional Court primarily to deal

with constitutional matters and its decisions bind all other courts. However,

for the next seven years after the adoption of the new Constitution, the

judges who constitute the Supreme Court will also sit to constitute the Constitutional Court.

• If anyone thinks that their rights in terms of the Declaration of Rights are being violated or are likely to be, they may apply directly to the

Constitutional Court for redress. The new Constitution also allows any person acting on behalf of another person who cannot go to court, any person acting in the interests of a group or class or persons, or acting in the public interest, or any association acting in its members’ interest to approach a court. The person who approaches the court must claim that a fundamental

right or freedom of Chapter 4 is being or is likely to be infringed. The court may then grant appropriate relief.

• A person may also ask the judge, magistrate or other presiding officer to refer to the Constitutional Court any question that arises about a possible violation of the Declaration of Rights. The judge or magistrate must comply with the

request, unless he/she thinks the request is unfounded or designed to waste time.

The Independent Commissions supporting democracy provided for in the

14

Constitution are another primary mechanism for promotion and enforcement of

rights, specifically the Zimbabwe Human Rights Commission and the Gender

Commission. The Commissions can investigate rights violations, but they cannot

make binding orders similar to those of a court.